By the authority vested in me as President by the Structure and the legal guidelines of the US of America, it’s hereby ordered:
Part 1. Function and Coverage. Since its enactment in 1977, the International Corrupt Practices Act (15 U.S.C. 78dd-1 et seq.) (FCPA) has been systematically, and to a steadily rising diploma, stretched past correct bounds and abused in a way that harms the pursuits of the US. Present FCPA enforcement impedes the US’ international coverage aims and subsequently implicates the President’s Article II authority over international affairs.
The President’s international coverage authority is inextricably linked with the worldwide financial competitiveness of American corporations. American nationwide safety relies upon in substantial half on the US and its corporations gaining strategic enterprise benefits whether or not in essential minerals, deep-water ports, or different key infrastructure or property.
However overexpansive and unpredictable FCPA enforcement in opposition to Americans and companies — by our personal Authorities — for routine enterprise practices in different nations not solely wastes restricted prosecutorial assets that may very well be devoted to preserving American freedoms, however actively harms American financial competitiveness and, subsequently, nationwide safety.
It’s subsequently the coverage of my Administration to protect the Presidential authority to conduct international affairs and advance American financial and nationwide safety by eliminating extreme limitations to American commerce overseas.
Sec. 2. Coverage of Enforcement Discretion. (a) For a interval of 180 days following the date of this order, the Lawyer Basic shall assessment tips and insurance policies governing investigations and enforcement actions beneath the FCPA. Throughout the assessment interval, the Lawyer Basic shall:
(i) stop initiation of any new FCPA investigations or enforcement actions, except the Lawyer Basic determines that a person exception ought to be made;
(ii) assessment intimately all present FCPA investigations or enforcement actions and take applicable motion with respect to such issues to revive correct bounds on FCPA enforcement and protect Presidential international coverage prerogatives; and
(iii) subject up to date tips or insurance policies, as applicable, to adequately promote the President’s Article II authority to conduct international affairs and prioritize American pursuits, American financial competitiveness with respect to different nations, and the environment friendly use of Federal legislation enforcement assets.
(b) The Lawyer Basic could lengthen such assessment interval for an extra 180 days because the Lawyer Basic determines applicable.
(c) FCPA investigations and enforcement actions initiated or continued after the revised tips or insurance policies are issued beneath subsection (a) of this part:
(i) shall be ruled by such tips or insurance policies; and
(ii) should be particularly licensed by the Lawyer Basic.
(d) After the revised tips or insurance policies are issued beneath subsection (a) of this part, the Lawyer Basic shall decide whether or not further actions, together with remedial measures with respect to inappropriate previous FCPA investigations and enforcement actions, are warranted and shall take any such applicable actions or, if Presidential motion is required, suggest such actions to the President.
Sec. 3. Severability. If any provision of this order, or the applying of any provision to any individual or circumstance, is held to be invalid, the rest of this order and the applying of its provisions to every other individuals or circumstances shall not be affected thereby.
Sec. 4. Basic Provisions. (a) Nothing on this order shall be construed to impair or in any other case have an effect on:
(i) the authority granted by legislation to an govt division, company, or the top thereof; or
(ii) the capabilities of the Director of the Workplace of Administration and Funds regarding budgetary, administrative, or legislative proposals.
(b) This order shall be carried out per relevant legislation and topic to the supply of appropriations.
(c) This order isn’t meant to, and doesn’t, create any proper or profit, substantive or procedural, enforceable at legislation or in fairness by any get together in opposition to the US, its departments, companies, or entities, its officers, staff, or brokers, or every other individual.
THE WHITE HOUSE,
February 10, 2025.
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